Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 - 3 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hajduch, US 8,991,774.
Regarding claim 1, Hajduch (US 8,991,774) discloses an additional wiring fixing member [for fixing an additional wiring to a fixing target region using a wiring fixing member including a vehicle fixing part inserted and fixed to a fixing hole of the fixing target region on a side of a vehicle], the additional wiring fixing member comprising: a plate-like vehicle fixing part (113) formed into a plate-like shape with an insertion hole (114) [into which the vehicle fixing part can be inserted and sandwiched between the vehicle fixing part and the fixing target region to be fixed to the fixing target region]; and an additional wiring holding part (115) continuously formed with the plate-like vehicle fixing part (113) [to hold the additional wiring] wherein the additional wiring holding part (115) includes an elongated plate-like part (see the plate of 115; see figures 12 and 13), and the plate-like vehicle fixing part (113) partially protrudes from a longitudinal intermediate part (see figure 13) of the elongated plate-like part (see figure 13).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the additional wiring fixing member, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the cable tie mount disclosed by Hajduch (US 8,991,774) or the wire harness of Miyamura (US 2017/0327059), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, Hajduch discloses the additional wiring fixing member according to claim 1, wherein a banding member (250) is tied to the additional wiring and the elongated plate-like part (115) while the additional wiring (300; it is noted that the cable tie mount is utilized to route cables) is disposed along the elongated plate-like part (see figure 16), thus the additional wiring (300) is held in the additional wiring holding part (115).
Regarding claim 3, Hajduch discloses the additional wiring fixing member according to claim 2, wherein the plate-like vehicle fixing part (113) extends in a direction intersecting with the elongated plate-like part (115) from a longitudinal intermediate part (between 113 and 115) of the elongated plate-like part (see figure 12).
Regarding claim 7, Hajduch discloses the additional wiring fixing member according to claim 1, [wherein the vehicle fixing part includes a locking part locked to an edge of the fixing hole in a state of not getting out of the fixing hole and a fixing base part located in a surrounding part of the fixing hole on a side opposite to the locking part, and the fixing target region and the plate-like vehicle fixing part are sandwiched between the locking part and the fixing base part while being overlapped with each other, thus the vehicle fixing part is fixed to the fixing target region].
Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyamura et al., US 2017/0327059.
Regarding claim 6, Miyamura discloses a wiring fixing structure [for fixing a wiring and an additional wiring to a fixing target region on a side of a vehicle], comprising: a wiring fixing member (51) including a vehicle fixing part (13A) inserted and fixed to a fixing hole (H) of the fixing target region (a vehicle body); and an additional wiring fixing member (15) including a plate-like vehicle fixing part (of 15) formed into a plate-like shape with an insertion hole (14) into which the vehicle fixing part (13A) can be inserted and an additional wiring holding part (16) continuously formed with the plate-like vehicle fixing part (of 15) [to hold the additional wiring (W)], the additional wiring holding part (16) including an elongated plate-like part (the band itself includes the plate-like part), and the plate-like vehicle fixing part (of 15) partially protruding from a longitudinal intermediate part (a middle part of the member 15) of the elongated plate-like part (of 16), wherein a peripheral edge of the insertion hole (14) in the plate-like vehicle fixing part (of 15) is sandwiched between the vehicle fixing part (13A) and the fixing target region (vehicle body) to be fixed to the fixing target region (see figure 10).
Regarding claim 8, Miyamura discloses the wiring fixing structure according to claim 6, wherein the vehicle fixing part (13A) includes a locking part (13B) locked to an edge of the fixing hole (H) in a state of not getting out of the fixing hole (H) and a fixing base part (53) located in a surrounding part of the fixing hole (H) on a side opposite to the locking part (see figure 10), and the fixing target region (of the vehicle body) and the plate-like vehicle fixing part (of 15) are sandwiched between the locking part (13B) and the fixing base part (53) while being overlapped with each other, thus the vehicle fixing part (13A) is fixed to the fixing target region (of the vehicle body).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677